2183ORDINANCE NO. ~ S 3
AN ORDINANCE GRANTING A SIX (6) MONTH MORATORIUM ON
THE ACCEPTANCE OF ANY NEW DEVELOPMENT APPLICATIONS
FOR TRUCKING RELATED BUSINESSES INCLUDING TRUCK STOPS,
TRUCK TERMINALS, CROSS-DOCKING, TRUCK SERVICING AND
OTHER LIKE FACILITIES IN DESIGNATED AREAS OF THE CITY;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT, DECLARING AN EMERGENCY AND FOR OTHER
PURPOSES.
WHEREAS, the West Memphis Planning and Development Department and the
West Memphis Planning Commission have expressed concern about the development and
location of trucking related businesses including, but not limited to, truck stops, truck
terminals, cross docking, truck servicing and other like facilities, within a corridor along
I-40 and I-55 extending from the western boundary of 7~' Street right-of--way west to the
intersection of Highway 147 and I-40 in West Memphis, as designated on the map
attached hereto and incorporated herein; and,
WHEREAS, a moratorium on the acceptance of any new development
applications for trucking related businesses in the designated areas will preserve the
status quo in the City of West Memphis during the research period; and,
WHEREAS, the Planning Commission has recommended that the City council
adopt a moratorium on the acceptance of any new development applications for trucking
related businesses within the designated areas of the City, for six (6) months, to conduct a
study to the manner and placement of these types of facilities and to make possible
recommendations for changes to the City's land development regulations and to initiate
said changes to protect the future health, safety, and general welfare of the entire City of
West Memphis; and,
WHEREAS, the proposed moratorium shall not apply to development in progress
at the time the moratorium is enacted; and,
WHEREAS, the City Council deems it in the public's interest to grant a six (6)
month moratorium on the acceptance of any new development applications for trucking
related businesses within the designated areas of the City of West Memphis;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1. The findings and recitations set out in the preamble to this
Ordinance are found to be true and correct and they are hereby adopted by the City
Council and made a part hereof for all purposes.
SECTION 2. The City Council of the City of West Memphis hereby grants a (6)
month moratorium acceptance of any new development applications for trucking related
businesses within the City, to allow the Planning and Development Department the
needed time to research changes in regulations to protect the future health, safety, and
general welfare of the City of West Memphis. The moratorium shall not apply to
development in progress at the time this moratorium is enacted.
SECTION 3. It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and,
if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared
invalid by the final judgment or decree of any court of competent jurisdiction, such
invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs
and sections of this Ordinance.
SECTION 4. All Ordinances or parts thereof in conflict herewith are repealed to
extent of such conflict only.
SECTION 5. EMERGENCY CLAUSE. It having been found and determined
by the City Council of the City of West Memphis that the potential development and
location of trucking related businesses within a corridor along I-40 and I-55 extending
from the western boundary of 7`}' Street right-of--way west to the intersection of Highway
147 and I-40 in West Memphis presents planning issues including, but not limited to,
traffic congestion, there is an urgent and immediate need to conduct a study as to the
manner and placement of these types of facilities and to make possible recommendations
for changes to the City's land development regulations and to initiate said changes to
address these planning issues, therefore, and emergency is hereby declared to exist, and
this ordinance, being necessary for the preservation of the public peace, health, safety and
welfare of the citizens of West Memphis, Arkansas, shall be in full force and effect from
and after the date of its passage and approval.
PASSED AND APPROVED this 6+~' day of Y1 ~ ~~ C ~
2008.
WILLIAM H. JOHN N, MAYOR
ATTEST:
P P PARA, CITY CLERK
SPONSORED BY:
RECEIVED
City Clerk's Office
Date/Time~..' ~$ 8~. ySct,~
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